It seems Apple has been paying more attention than usual to iPhone users who jailbreak their iPhones in order to use third party cooler apps. Apple has reemphasised once again that jailbreaking an iPhone or removing the software impediments that keep out unauthorized applications is no different from breaking the law.
Here’s what Arik Hesseldahl from BusinessWeek wrote:
The statement was Apple’s first official comment on the practice of jailbreaking, which first emerged within days of the iPhone’s initial release in mid 2007. It came in response an effort by the Electronic Frontier Foundation to make the procedure exempt from prosecution under the Digital Millenium Copyright Act. The EFF had argued that jailbreaking the iPhone should be protected under the principal of fair use. “There is no copyright-related rationale for preventing iPhone owners from decrypting and modifying the device’s firmware in order to enable their phones to interoperate with applications lawfully obtained from a source of their own choosing,” the EFF’s Fed von Lohman and Jennifer Granick wrote in their filing with the Copyright Office.
Apple argued otherwise in a response filing opposing any exemption. Jailbreaking an iPhone, it argues, destroys “the technological protection of Apple’s key copyrighted computer programs in the iPhone device itself and copyrighted content owned by Apple that plays on the iPhone resulting in copyright infringement, potential damage to the device and other potential harmful physical effects.” It also constitutes a breach of contract, Apple attorney David Hayes of Fenwick and West wrote.